Bombay High Court
SWATI SAMEER NAIKversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
A writ petition seeking the lodging of a crime is not maintainable where Section 22P of the Maharashtra Police Act provides an alternative statutory remedy.
Summary
The petitioner, Swati Sameer Naik, filed a complaint on 11 October 2025 and subsequently moved this High Court writ petition seeking the lodging of a criminal case. The petition was filed in light of a recent Supreme Court judgment in Sujal Vishwas Attavar v. State of Maharashtra, which the Court considered. The central issue was whether the petition was maintainable given the Supreme Court precedent and the existence of an alternative statutory remedy under Section 22P of the Maharashtra Police Act. The Court held that, following the Supreme Court decision, such petitions are not maintainable when a specific statutory remedy is available. Consequently, the petition was disposed of, effectively dismissing the request for a criminal proceeding.
Issues considered
- Whether a writ petition for the lodging of a crime is maintainable when a specific statutory remedy under Section 22P of the Maharashtra Police Act exists
- Whether the Supreme Court’s decision in Sujal Vishwas Attavar v. State of Maharashtra bars such petitions
Legislation cited
- Maharashtra Police Act — s. 22P
Subjects
- writ petition
- criminal appellate jurisdiction
- maintainability
- alternative statutory remedy
- Section 22P
- Maharashtra Police Act
- Supreme Court precedent
Judgment
DTG 17-Wp-2684-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2684 OF 2026
Swati Sameer Naik … Petitioner
V/s.
The State of Maharashtra & Ors. … Respondents
_______________________________________
Mr. Rohan Mahadik a/w Mr. Bhavin Vora, Ms. Mekhala More, Ms. Bharvi
Samel and Ms. Nikitha Butty i/b The Juris Partners for Petitioner.
Mr. Ajay Patil, A.P.P. for Respondent-State.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 27th August 2026
P.C. :
1) In view of Judgment of the Hon’ble Supreme Court in the case of
Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra and Ors., reported in
2026 SCC OnLine SC 798, present Petition for lodgment of crime on the basis
of complaint dated 11th October 2025, filed by the Petitioner with the
concerned police Authorities, is not maintainable.
2) As far as prayer clause (b) of the Petition is concerned, the
Petitioner is having substantive alternate statutory remedy under Section 22P
of the Maharashtra Police Act before the State Police Complaints Authority.
3) By reserving the said remedy in favour of the Petitioner, Petition
is disposed off.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
Digitally signed
by
DNYANESHWAR DNYANESHWAR
TULSHIRAM TULSHIRAM
GHUMNAR GHUMNAR 1/1
Date: 2026.08.29
14:31:32 +0530
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